Washington, DC asked in Family Law for Maryland

Q: my daughters mother filled false protective order on me. court in 3 days not enough time to get attorney.

she has been found guilty in past several times for forgery,fictitious name to officer to avoid prosecution,fraudulent priv.documents. does this effect her credibility enough to have case dismissed? she has no evidence no police reports., she is seeking emergency family maintanence how much could this amount be

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: No lawyer can possibly answer your question with any accuracy on these facts. You will need to contest the allegations, and ideally, get representation. This may only be the interim or temporary hearing, at which you can appear but are not allowed to present evidence--the judge only hears the petitioner's allegations to determine if she can make a supportable case. A Final hearing is then scheduled for a week to 14 days from then where you can have a hearing to contest the claims with your own testimony and evidence. The judge will be focused on what she is claiming happened to give rise to this petition, not on any false allegations in the past. You can argue those to try to undermine her credibility, but she does not forfeit the right to bring a petition solely because she may have lied in the past.

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